| Matter of John H.M. |
| 2008 NY Slip Op 06837 [54 AD3d 763] |
| September 9, 2008 |
| Appellate Division, Second Department |
| In the Matter of John H.M., an Infant. Nassau County Departmentof Social Services, Respondent; June I.M., Appellant. |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Karen Hutson of counsel), forrespondent. Eileen T. Stapleton, Levittown, N.Y., attorney for the child.
In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals fromstated portions of a fact-finding order of the Family Court, Nassau County (Zimmerman, J.),dated January 8, 2007, which, after a hearing, found, inter alia, that she neglected her son JohnH.M.
Ordered that the fact-finding order is affirmed insofar as appealed from, without costs ordisbursements.
The fact-finding order was supported by evidence which established that the subject child'shome was maintained in an unsanitary and unsafe condition (see Matter of Nathifa B.,294 AD2d 432 [2002]; Matter of Kathleen GG. v Kenneth II., 254 AD2d 538 [1998];Matter of Commissioner of Social Servs. v Anne F., 225 AD2d 620 [1996]; Matter ofLillian R., 196 AD2d 503 [1993]). The evidence also established that the child's physical,emotional, and mental health was impaired or in imminent danger of being impaired due to thechaotic and violent conditions in the home, the mother's failure to follow up with therapeuticrecommendations for the child's diagnosed emotional problems and special needs, and her failureto administer prescribed medication or to consult a practitioner regarding alternatives (seeFamily Ct Act § 1012 [f] [i] [A], [B]; [h]; Matter of LeVonn G., 20 AD3d 530 [2005]; Matter of JunaroC., 145 AD2d 558, 559 [1988]; Matter of William AA., 24 AD3d 1125, 1126-1127 [2005]). Inparticular, the child's [*2]treating psychologist stated that thechild exhibited dangerous behavior and opined that he was in danger of harming himself orothers without the recommended treatment. Accordingly, the petitioner proved by apreponderance of evidence that the child was neglected (see Family Ct Act § 1046[b] [i]; Matter of Tajani B., 49AD3d 874 [2008]).
Contrary to the mother's contention, the Family Court properly concluded that theamendment to the petition did not result in either surprise or prejudice to her (see FamilyCt Act § 1051 [b]; Matter of BriceL., 29 AD3d 910, 911 [2006]; Matter of Nikole B., 263 AD2d 622 [1999];Matter of Michelle S., 195 AD2d 721, 722 [1993]). Rivera, J.P., Lifson, Santucci andMiller, JJ., concur.